Laserfiche WebLink
2oioo79s9 <br />Section 4.10. Discretion as to Securitv. Administrative Agent may resort to any security <br />given by this Mortgag� or to any other security now existing or hereaft�t' given to secure the <br />payment of the secured indebtedness, in whole or in part, and in such portions and in such order <br />as may seern best to Administrative Agent in its sole and uncantrolled discretion, and any such <br />action shall not in any way be considered as a waiver af any of the rights, benefits, Liens, <br />privileges, or security iz�terests evideanced by this Mortgage. <br />Section 4.11. Mortg��or's Waiver oF Certain Ri ts. To the full extent Mortgagor may <br />do so, Mortgagor agrees that Mortgagor will not at any time insist upon, plead, claim or take the <br />benefit ar advantage of any Requirement of Law now or hereafter in force praviding for any <br />appraisement, valuation, stay, extension or redemption, and Mortgagor, for Mortgagar, <br />Mortgagor's representatives, successors and assigns, and for any and a11 persons ever claiming <br />any interest in the Property, to the �xtent pe�rmitted by any applicable Requirement of Law, <br />hereby waives and releases all rights of appraisernent, valuation, stay of execution, redemption, <br />notice of intention to mature or declare due the whole of the secured indebtedness, notice of <br />election to mature or declare due the whole of the secured indebtedness and all rights ta a <br />rnarshaling of assets o� Mortgagor, including the Property, or to a sale in inverse arder af <br />alienation in the event of foreclosure of the Liens, privileges, and/ox security interests hereby <br />created. Mortgagor shall not have or assert any right under any statute ar rule of Law pertaining <br />to the rnarshaling of assets, sale in inverse order of alienation, the exemption of homestead, or <br />other matters whatever to defeat, reduce ox affect the right under the tezms af this Martgage to a <br />sale of the Praperty for the collectian of the secured indebtedness without any prior or different <br />resort for collection, ox the right under the terms of this Mortgage to the paym�nt of the secured <br />indebtedness out of the praceeds of sale of the Property in preference to every other claimant <br />whatever. In particular, but without limitation of the foregoing, to the fullest extent that <br />Mortgagor may do so, Martgagor waives (i) the benefit of every Requirement of Law now <br />existing or that hereafter may be enacted limiting the amount of indebtedness that can be <br />collected, either before or after foreclosure, by court action or by power of sale, in relation ta the <br />value of the property described herein; and (ii) the benefit of every Requirement of Law that may <br />be hereafter enacted in any way limiting the time for any action for the collectian of indebtedness <br />by reference to the time of exercise af any remedy available hereunder, or extending the time for <br />enforcing collection of the indebtedness or creating or extending a period of r�demption from <br />any sale made in collecting the indebtedness. Mortgagor acknawledges ata.d agrees that the <br />praperty described herein may be part of collateral located in more than one state, and therefore <br />Mortgagor waives and relinquishes any and all rights it may have, whether at Law or equity, to <br />require Administrative Agent to proceed to enforce or �xercise any rights, powers and r�medies <br />they may have under the Loan Documents, at�y Specified Swap Agreement, or any Specified <br />Cash Management Agreernent in any particular manner, in any particular order, or in any <br />particular state or other jurisdiction. Mortgagor further agrees that any particular proceeding, <br />including without limitation foreclosure thraugh court action (in a state or federal court) ar <br />power of sale, may be brought and prosecuted in any one or more states as to all or any part of <br />the collateral, wh�rever located, withaut regard to the fact that any one or more prior or <br />cantemporaneous proceedings have been commenced elsewhere with respect to the same or any <br />ather �aart of the c�llateral. If any Requirement of Law referred to in this section and now in <br />force, of which Mortgagor or Mortgagvr's representatives, successors or assigns or a�ny ather <br />persans claiming any inter�st in the Mortgaged Properties or the Collateral might take advantage <br />41 <br />